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Rwanda decisions
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The Court of Appeal rejected provocation but reduced SIBOMANA Athanase’s sentence for attempted murder from 25 years to 12 years and 6 months.
The Court of Appeal held that Bharat Heavy Electricals Ltd had not shown the documents were new evidence, so its review application was inadmissible.
The appellate court found that the 15-year sentence imposed on Hagenimana Alphonse for defilement of a 7-year-old was the minimum allowed by law after considering his admission and remorse, and that no further reduction was legally permissible.
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The Court of Appeal upheld Rwakibibi Théophile’s conviction for defilement of a 12-year-old, but reduced the sentence from 25 years to 19 years.
The Court of Appeal held that mortgage-auction notices were governed by special instructions, not general procedure, and upheld the auction on POSADA PLUS Ltd’s property.
The Court of Appeal admitted the additional appeal grounds, upheld the conviction for defilement of a child, and reduced the sentence from 25 to 19 years.
The Court of Appeal found that Habineza Obed committed the offense at age twenty, just out of childhood, and was a first-time offender. These mitigating factors, combined with statutory provisions, justified further reduction of his sentence to ten years.
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The appellant failed to provide credible evidence of provocation, and her admission of guilt was neither unequivocal nor timely. The cruelty and gravity of the offence, including the concealment of the body for six months, justified the sentence of 25 years' imprisonment. No legal or factual error was found in the High Court's decision, and no further reduction of sentence was warranted.
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The defendant is guilty of attempted murder based on his own admissions and corroborating evidence; mitigation of sentence is granted due to first-time offense and minor consequences, not due to admission of guilt at appellate stage.
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The appeal was dismissed because the sentence imposed (16 years imprisonment and a fine of 5,000,000 RWF) was found to be appropriate, proportionate to the gravity and circumstances of the offense, and within the range prescribed by the new, more lenient law. The court is not compelled to further reduce the sentence solely because a new law prescribes a lower minimum penalty.
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